1) Why this matters

In Philippine real estate transactions, it’s common for a child or trusted representative to sign and process documents on behalf of a parent—especially when the parent is abroad, elderly, or unable to appear in person. But buying (and signing documents to buy) real property is one of the situations where the law expects clear, written authority. If the authority is incomplete, vague, expired (practically speaking), or improperly notarized/authenticated, the transaction can be delayed, rejected by the Registry of Deeds, or challenged later.

The usual instrument is a Special Power of Attorney (SPA)—a written authorization limited to specific acts and, ideally, a specific property.

2) Core legal concepts (Philippine context)

A. Agency and the “special power” requirement

A power of attorney is rooted in agency (the principal authorizes an agent to act on the principal’s behalf). Under the Civil Code, certain acts require a special power of attorney—meaning authority must be express and specific, not merely implied or general.

For real property transactions, two ideas are critical:

Authority must be in writing for transactions involving land (e.g., buying/selling interests in land through an agent).
Many “ownership-altering” acts—buying, selling, mortgaging, accepting conveyances, etc.—are among those that typically require special authority, not a generic “manage my affairs” clause.

B. Special vs. General Power of Attorney

General Power of Attorney (GPA): broad management powers (banking, routine administration).
Special Power of Attorney (SPA): powers limited to specific acts, ideally identified property, and often identified counterparties and documents.

For buying real property, many notaries, sellers, banks, and registries will insist on an SPA even if a GPA exists—because a purchase is a high-stakes disposition of funds and creation of property rights.

C. Agency ends upon certain events

In general, the agent’s authority does not survive events like the principal’s death or loss of capacity, and transactions attempted after authority ends can be invalid or disputed. Practically: if the parent dies before closing/registration, the SPA typically can’t be used to continue the purchase; the transaction may need to be handled through the estate.

3) When do you need an SPA for a parent’s real estate purchase?

You almost always need an SPA when the representative will do any of the following for a parent-buyer:

Sign the Contract to Sell, Reservation Agreement, Offer to Purchase, or Deed of Absolute Sale
Pay the purchase price / issue acknowledgments / receive receipts
Sign loan documents, mortgage documents, or bank forms (if financing is involved)
Sign tax forms, transfer documents, and registration papers
Receive the owner’s duplicate title (or participate in title transfer processing)
Deal with the developer/HOA/condominium corporation for turnover and documentation

Even if the parent can pay, if the parent can’t appear to sign the deed and closing documents, an SPA is the standard solution.

4) What an effective SPA for “buying real property” should contain

Think of the SPA as a “permission list” for everything the representative must do from offer to title transfer.

A. Complete identity details (Principal and Attorney-in-Fact)

Include:

Full name (matching IDs/passport)
Citizenship
Civil status
Address
Government ID numbers (passport/driver’s license/SSS/UMID, as applicable)
For the agent: same details, plus specimen signature (often helpful)

B. Clear statement of appointment

A direct clause appointing the child/representative as Attorney-in-Fact (agent) to act for the parent (principal).

C. Exact purpose: purchase of real property

State that the agent is authorized to purchase real property in the Philippines on the parent’s behalf.

D. Specific property details (strongly recommended)

The more specific, the better:

Title number (TCT/CCT), lot and block, survey number if known
Location (barangay/city/province)
Area (sq.m.)
For condos: CCT number (if available), project/building, unit number, parking slot, common areas reference

If the parent has not chosen a property yet: You may draft a “semi-specific” SPA (e.g., “to purchase a residential condominium unit located in ___ project”), but many counterparties prefer a property-identified SPA. If uncertainty is unavoidable, make the authority broad enough to cover a defined scope (city/project type/price cap), while still “special” in nature.

E. Authority to sign specific documents

List the documents the agent may sign, such as:

Reservation/Offer/Contract to Sell
Deed of Absolute Sale / Deed of Sale with Assumption of Mortgage (if applicable)
Acknowledgments, receipts, and delivery/possession documents
Turnover documents (developer transactions)
Title transfer documents and affidavits required by the Registry of Deeds

F. Authority to pay and receive funds/documents

Include authority to:

Pay reservation fees, down payment, balance, closing costs
Receive official receipts, notarized deeds, titles, tax clearances, and keys/possession
Coordinate with brokers, sellers, banks, developers, government offices

G. Tax and registration processing authority (often forgotten)

This is where many SPAs fail in practice. Consider authorizing the agent to:

Process requirements with the BIR (eCAR/clearance processes), local treasurer’s office (transfer tax), and Registry of Deeds
Sign BIR and LGU forms related to transfer and payment
Secure certified true copies, tax declarations, clearances, and certifications

H. Authority for financing (if any)

If the purchase will be financed, banks often require explicit authority to:

Apply for a housing loan
Sign loan and security documents (real estate mortgage, promissory notes, disclosure statements)
Open/maintain loan-related accounts and sign bank forms

If you are not sure whether financing will be used, include it as an optional power (“if necessary for financing…”), but confirm that the bank will accept this phrasing.

I. Substitution / delegation (only if you truly want it)

A clause allowing the agent to appoint a substitute can be useful if the agent cannot appear, but it increases risk. Many principals forbid substitution; some allow substitution only to named persons.

J. Validity period (practical)

Philippine law doesn’t require an expiration date for every SPA, but counterparties often prefer SPAs that are “recent.” You can include a validity period (e.g., “valid until completion of registration of title” or a fixed date). If the parent is abroad and will reuse the SPA, consider issuing multiple originals and setting clear bounds.

5) Notarization and authentication: the make-or-break step

A. If the parent signs in the Philippines

The parent signs the SPA before a Philippine notary public.
The notary will require competent evidence of identity and will attach/record details in the notarial register.

B. If the parent signs abroad

You typically have two acceptable routes:

Philippine Consulate/Embassy notarization (consular notarization)
- The parent signs at the consulate; the consular officer performs the notarial act.
- This is widely accepted in Philippine transactions.
Local notarization + Apostille (for countries that are part of the Apostille Convention)
- The parent notarizes the SPA under local rules, then obtains an Apostille from the competent authority of that country.
- This generally replaces the older “consular legalization/red ribbon” process.

Practical tip: Some registries, banks, or sellers are conservative. If you want the smoothest path, consular notarization is often the least-argued option. Apostilled documents are broadly recognized, but acceptance practices can vary by institution.

6) Using the SPA in the purchase transaction (typical flow)

Step 1: Due diligence and document alignment

Before signing anything, make sure:

The parent’s name and details in the SPA match the parent’s IDs/passport.
The agent’s name matches the IDs the notary and seller will check.
Property details are accurate (title number, unit, project).
If the parent is married and the purchase will involve community/conjugal funds or financing, anticipate that the spouse/bank may require additional consents or signatures.

Step 2: Signing the sale documents

The agent signs “[Parent’s Name], by [Agent’s Name], Attorney-in-Fact” and presents:

Original SPA (often required)
Copy of parent’s ID/passport (as required)
Agent’s ID

Step 3: Payment and closing

The agent pays as authorized, receives official receipts, and signs acknowledgments.

Step 4: Taxes, transfer, and registration

Depending on deal structure, the agent processes:

BIR and local treasurer requirements (transfer tax, etc.)
Registry of Deeds submission (notarized deed, SPA, supporting documents)
Issuance of the new title in the parent’s name

7) Common SPA problems that cause delays or rejection

Too general (“to do all acts…”) with no express authority to purchase real property
No authority to sign the Deed of Absolute Sale (or to sign “contracts” generally)
No property identification (counterparties insist on a particular title/unit)
Not properly notarized/authenticated (especially for overseas signing)
Mismatch of names (middle name, suffix, spelling, maiden/married names)
Agent tries to do acts not listed (e.g., mortgage/loan signing without authority)
SPA presented as photocopy when an original is required
Principal’s capacity issues (if the parent lacked capacity at signing, the SPA can be attacked)

8) Special situations to plan for

A. Parent is married

Buying property: one spouse can often transact, but the bank/developer/seller might require spouse involvement depending on funds, loan, and internal compliance.
If later selling/mortgaging a property considered community/conjugal, spousal consent becomes a major issue—so it’s wise to anticipate documentation needs upfront.

B. Parent is elderly or has health/capacity concerns

If capacity is questioned, institutions may demand additional proof or refuse. If the parent cannot validly execute an SPA, you may need guardianship/court authority rather than a simple POA.

C. Buying through a developer (pre-selling condos/subdivisions)

Developers often have their own SPA format or minimum required powers: signing CTS, turnover documents, punch-list acceptance, deed of sale, and processing of title. Ask for their checklist early and draft the SPA to match it.

D. Financing

Banks can be strict: they may require very specific powers for signing mortgage/loan documents and disclosures.

9) Drafting checklist (quick but thorough)

Include in the SPA:

✅ Full details of parent (principal) and child (agent)
✅ Statement appointing agent as attorney-in-fact
✅ Express power to purchase real property in the Philippines
✅ Express power to negotiate, sign contracts, and sign the deed of sale
✅ Property details (title/unit/project) and/or defined scope
✅ Authority to pay, receive, and issue acknowledgments
✅ Authority to process BIR/LGU/Registry of Deeds requirements
✅ Authority to obtain/receive title and other documents
✅ Financing authority (if relevant)
✅ Authority to hire professionals (lawyer, broker, liaison) if desired
✅ Substitution clause only if intended
✅ Notarization/consularization/apostille compliance
✅ Multiple originals if needed (some offices keep one)

10) Sample template (for adaptation)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, [PARENT’S FULL NAME], of legal age, [citizenship], [civil status], and resident of [address], with [ID/Passport No.], (hereinafter referred to as the “PRINCIPAL”), do hereby name, constitute, and appoint [CHILD/AGENT’S FULL NAME], of legal age, [citizenship], [civil status], and resident of [address], with [ID No.], as my true and lawful ATTORNEY-IN-FACT, to do and perform the following acts and things for and in my name, place, and stead:

To NEGOTIATE and PURCHASE real property in the Philippines for my account, and for this purpose, to negotiate the terms and conditions of the purchase.
To SIGN, EXECUTE, and DELIVER any and all documents necessary or incidental to such purchase, including but not limited to: Reservation Agreements, Offers to Purchase, Contracts to Sell, Deeds of Absolute Sale (or other deeds of conveyance), acknowledgments, receipts, turnover documents, and related instruments.
To PURCHASE the following property (if identified): [Describe property: TCT/CCT No., Lot/Block, Unit No., Project/Building, location, area, boundaries if available] (or, if not yet identified, define scope: [city/municipality], [type], [price cap], [project], etc.)
To PAY and DISBURSE sums of money necessary for the purchase price, reservation fees, down payments, closing costs, taxes, fees, and other charges, and to receive and sign official receipts, invoices, and acknowledgments of payment.
To PROCESS TRANSFER AND REGISTRATION, including representation before the Bureau of Internal Revenue, local government offices, the Registry of Deeds, the Assessor’s Office, and other relevant agencies; to sign and file applications, forms, affidavits, and supporting documents; and to secure clearances, certifications, and documents required to transfer title to my name.
To RECEIVE and TAKE POSSESSION of the property, and to receive for me the owner’s duplicate certificate of title (or condominium certificate of title), tax declarations, keys, and all documents related to ownership and possession.
(If applicable) To APPLY FOR AND OBTAIN FINANCING, including signing loan applications and documents, and signing security instruments such as real estate mortgages and related bank forms, as may be required for the purchase.
(Optional) To APPOINT A SUBSTITUTE [with limitations, if any: e.g., “only in favor of [name]” / “no substitution allowed”].

HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and authority to do and perform all other acts necessary and proper to carry into effect the powers herein granted, as fully to all intents and purposes as I might or could do if personally present.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 20___ at __________________.

[PARENT’S NAME] Principal

SIGNED IN THE PRESENCE OF:

(ACKNOWLEDGMENT / NOTARIAL / CONSULAR NOTARIZATION)

Important: This is a template. Transactions differ (developer sales, bank financing, property identified vs. not, etc.). The final SPA should match the exact acts your agent must do and the exact documents the counterparty will require.

11) Practical tips to make the SPA “institution-ready”

Ask the seller/developer/bank for their SPA checklist before finalizing the SPA wording.
If the parent is abroad, prepare multiple original SPA copies (some offices keep one).
Keep names consistent with passports/IDs (including middle names and suffixes).
If the property is already identified, include the title number and full description.
Include authority not only to sign the deed, but also to process taxes and registration—this is where many SPAs fall short.

12) Bottom line

A good SPA for a parent’s real estate purchase in the Philippines is (1) written, (2) specific, (3) properly notarized/authenticated, and (4) broad enough to cover the full transaction lifecycle—from negotiation and signing, to payment, taxes, transfer, and receipt of the new title.

If you want, paste the property details you have (or the developer’s required actions list), and I’ll produce a tightened SPA draft that matches a typical Registry of Deeds / developer / bank checklist style.